Levine v. Weissing’s Empirical Analysis
134 F.3d 1046 · 1998
Citation profile
4 federal appellate · 1 state decisions
How this case has been cited
Cited by 40 later decisions — most recently June 2020 · most notably Lewis Charles Hall Motors Inc v. Lewis (1998), 790 So. 2d 1018 - Havoco of America, Ltd. v. Hill (2001)
4 federal appellate · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Englander v. Mills · General Trading Incorporated v. Yale Materials Handling Corporation · Englander Englander · Hill v. First National Bank · Festers v. Royal Carribean Cruise
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(2) In determining actual intent under paragraph (l)(a), consideration may be given, among other factors, to whether: (a) The transfer or obligation was to an insider. (b) The debtor retained possession or control of the property transferred after the transfer. (c) The transfer or obligation was disclosed or concealed. (d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit. (e) The transfer was of substantially all the debtor’s assets. (f) The debtor absconded. (g) The debtor removed or concealed assets. (h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred. (i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred. <j) The transfer occurred shortly before or shortly after a substantial debt was incurred. (k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.”
5 later decisions quote this exact passage · from the majority“(D) each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with— (i) property; or (ii) an interest in property ...”
2 later decisions quote this exact passage · from the majority“[T]he trustee in this action does not seek to contest the exemptions per se; rather, this is an adversary action filed pursuant to 11 U.S.C. § 544 , which permits the trustee to “avoid any transfer of the property of the debtor. ...” The Bankruptcy Code provides that an adversary action filed under this provision may be filed within two years after the entry of the order for relief.... It is undisputed that the trustee has complied with the two-year limitation on the filing of this action. Having determined that the statute of limitations governing objections to exemptions does not control this case, we conclude that the trustee’s action to contest the transfer of funds is not time-barred.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.